The court rejected a bail application noting that the applicants were summoned under Section 319 Cr.P.C. despite a prior reversal, finding no ground for anticipatory bail.
Anticipatory bail application rejected.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53833 of 2019
Applicant :- Smt. Ramjalebi And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Abhilasha Singh Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, Sri Vikas Sahai, the learned A.G.A for the State as well as Sri Pankaj Satsangi, learned counsel for the informant and perused the record.
The present application for grant of anticipatory bail has been filed by the applicants in case crime No.129C of 2014, under Sections 306, 201 I.P.C. and 3/4 D.P. Act, Police Station Bahjoi, District- Moradabad.
The instant application for grant of anticipatory bail is clearly misconceived since the applicants have been summoned by the Sessions Judge by exercising the powers under Section 319 Cr.P.C. Although that order of the Sessions Court was initially set aside on an application under Section 482 moved by the present applicants, that order of the High Court was ultimately quashed by the Supreme Court in terms of the order passed on 11 March 2019 on Criminal Appeal No.468 of 2019. In that view of the matter, the Court finds no ground to accord the facility of anticipatory bail to the applicants.
Consequently, the application is rejected .
Order Date :- 6.12.2019 Vivek Kr.
1 issue framed by the court
Whether anticipatory bail should be granted when the applicant has already been summoned under Section 319 Cr.P.C.
5 provisions across 3 enactments
Smt. Ramjalebi And 2 Others
Yashwant Varma
As recorded by the court registry
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